Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/29/2023 is being considered by the examiner. However, the Examiner notes the Foreign Patent Document, GB 9,418,16, and Non-Patent Literature Document, “Velox T-2440” trowel, have not been considered since a copy was not included in the submission.
Specification
The disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code in pp. [0020]. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01.
Claim Objections
Claims 1 and 5 are objected to because of the following antecedent basis informalities:
Claim 1, claim 7, consider amending to, --reinforcing the ringed base plate—
Claim 5, line 7, consider amending to, --mounted winged drive collar for reinforcing the circular base plate;
Claim 5, line 8, consider amending to, --the circular base plate
Claim 5, line 9, consider amending to, --the winged drive collar comprising a plurality of arms overlying the plurality of spokes in assembly;--
Claim 5, line 11, consider amending to, --and finish the concrete surface, said plurality of planetary abrasion rotors supporting puck rotors for contacting and finishing—
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites, “wherein said drive collar is flushly secured to said drive plate” which renders the claim indefinite. There is insufficient antecedent basis for “said drive plate.” It is unclear to the Examiner whether said “drive plate” is referring to “an intermediate drive plate” or “ringed base plate” from claim 1. However, the Examiner further notes the intermediate drive plate comprises the ringed base plate and winged drive collar. Therefore, it is unclear how the drive collar would be flushly secured to said intermediate drive collar, as the structure of the drive collar is within the intermediate drive plate. As best understood from instant disclosure and for examination purposes, --said winged drive collar is flushly secured to said ringed base
Claim 5 recites the limitation "the base plate comprising a peripheral ring and a plurality of spokes" in line 8. There is insufficient antecedent basis for this “peripheral ring” limitation in the claim. It is unclear to the Examiner whether the base plate comprising a peripheral ring corresponds to the same peripheral ring recited in line 5 of claim 5. For examination purposes and as best understood from instant disclosure, the peripheral rings are the same feature (--the base plate comprising [[a]]the peripheral ring and a plurality of spokes;--).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4 rejected under 35 U.S.C. 103 as being unpatentable over Lagerwaard (US Patent No. 11,717,929) in view of Guinn (US 2021/0047845).
The embodiment of figs. 2B and 3B are utilized for the following rejection, however specific structure and reference numbers are shown in earlier figures, e.g. fig. 1. Please refer to those figures for details.
Regarding claim 1, Lagerwaard discloses a polisher (item 1; fig. 1) for treating concrete surfaces (Abstract), the polisher comprising:
a chassis (item 2; fig. 1) adapted to be propelled over a concreate surface (via wheels and handle; col. 8, ll. 7-14; fig. 1);
at least one downwardly projecting, rotatable rotor (item 20; fig. 1),
a motor (item 123; fig. 1) for actuating the motor (col. 8, ll. 62-65);
the rotor comprising an intermediate drive plate (defined as gray highlighted structure in annotated fig. 3B below);
the intermediate drive plate comprising a ringed base plate (designated in annotated fig. 3B below) and a winged drive collar (designated in annotated fig. 3B below; according to Collins Dictionary, “winged” is defined as having a winglike part or parts, and elevated or loft; therefore, the central protruding part includes a winglike extending component which extends radially outward from central part) for reinforcing the ringed base plate;
a plurality of treatment members (items 26; fig. 1) supported by said intermediate drive plate (via intermediate components, i.e. items 138, 139; fig. 3B) that contact and finish the concrete surface.
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First Annotated Fig. 3B.
Lagerwaard does not explicitly disclose wherein the plurality of treatment members are configured as a plurality of planetary abrasion rotors. However, Lagerwaard discloses the treatment members are interchangeably mounted on the coupling members (attached to intermediate drive plate) for its desired intended purpose (col. 3, ll. 35-50).
Therefore, Guinn (US 2021/0047845) teaches a concrete polisher comprising a rotatable rotor (fig. 1) comprising an intermediate drive plate (item 100; fig. 3) and a plurality of planetary abrasion rotors (items 108; fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the plurality of treatment members, as disclosed in Lagerwaard, as a plurality of planetary abrasion rotors, as taught in Guinn, in order for the polisher to function as intended and frictionally contact the concrete surface being treated (Guinn; pp. [0061]).
Lastly, with regard to the recitation “self-propelled polisher,” this recitation has not been given patentable weight because it has been held that a preamble is denied the effect of a limitation where the claim is drawn to a structure and the portion of the claim following the claim is a self-contained description of the structure not depending for completeness upon the introductory clause. 88 USPQ 478. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Please refer to MPEP 2111.02.II. Further, in the instant case, the polisher disclosed in Lagerwaard is self-propelled via wheels and handle for user to glide along surface.
Regarding claim 2, Lagerwaard as modified discloses the polisher as claimed in claim 1, wherein the ringed base plate comprises an inner, circular orifice (designated in second annotated fig. 3B below), a ring portion (designated in second annotated fig. 3B below; similar to applicant’s disclosure in which ring portion is outer peripheral ring) concentric with said inner, circular orifice (fig. 3B; center of ring portion is concentric, i.e. same, as the inner, circular orifice; similar to applicant’s disclosure), and a plurality of integral, radially, spaced-apart spokes (designated in annotated fig. 3B; spokes extend radially outward from orifice to ring portion) facilitating flexure (spokes are evenly distributed around orifice and within ring portion therefore, the spokes allow for the ringed base plate to absorb stress and shock during use and maintain performance during use).
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Second Annotated Fig. 3B.
Regarding claim 3, as best understood, Lagerwaard as modified discloses the polisher as claimed in claim 2, wherein the ringed base plate further comprising a plurality of voids (items 127; fig. 3B) bordered by said spokes and said ring portion (second annotated fig. 3B above).
Regarding claim 4, as best understood, Lagerwaard as modified discloses the polisher as claimed in claim 3, wherein said winged drive collar is flushly secured to said ringed base plate (winged drive collar is flushly secured within orifice of ringed base plate, i.e. in contact with; figs. 3B and 6B).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kelly (US 2013/0165025) in view of Guinn (2021/0047845) and further in view of Jeansson (US 2006/0172667).
Regarding claim 5, as best understood, Kelly (US 2013/0165025) discloses a dedicated polisher (item 10; fig. 1) for treating concrete surfaces (pp. [0045-0046]; the polisher 10 may be any concrete grinder), the polisher comprising:
a chassis (item 11; fig. 1) adapted to be propelled over a concrete surface (via item 12; pp. [0047]; fig. 1);
at least one rotatable rotor (entire structure not explicitly shown; includes structure of items 20, 22, 30, 51, 60; fig. 2);
a motor for actuating the rotor (not explicitly shown; pp. [0055]);
the rotor comprising a generally circular intermediate drive plate (includes items 30, 51, 60; fig. 2);
the intermediate drive plate comprising a circular base plate (item 30; figs. 2-4) with a peripheral ring (partially designated by gray highlighted region in annotated fig. 2 below) and a flushly mounted winged drive collar (item 60; fig. 2) for reinforcing the base plate (according to Dictionary.com, “reinforcing” is defined as to strengthen or support, especially within additional material; therefore, winged drive collar 60 further supports base plate 30 when in assembly);
the base plate comprising the peripheral ring (designated in annotated fig. 2, i.e. defined as outermost ring structure of base plate 30) and a plurality of spokes (items 32 are defined as radially inwardly protruding extensions from the peripheral ring of the base plate, i.e. spokes; fig. 2);
the winged drive collar comprising a plurality of arms (items 67; figs. 2 and 4A-4B) overlying the plurality of spokes in assembly (in position of fig. 4B, the plurality of arms 67 overlie, i.e. lie upon, plurality of spokes 32 from a bottom direction; figs. 1 and 4B);
a plurality of planetary abrasion rotors (items 21; pp. [0049]; rotatable via item 24; figs. 1-2) supported by said intermediate drive plate that contact and finish the concrete surface (pp. [0070]; items 21 are grinding discs, i.e. abrasive).
Kelly does not explicitly disclose wherein the plurality of planetary abrasion rotors support puck rotors for contact and finishing concrete.
However, Guinn (US 2021/0047845) teaches a concrete polisher comprising a rotatable rotor (fig. 1) comprising an intermediate drive plate (item 100; fig. 3) and a plurality of planetary abrasion rotors (items 108; fig. 3), wherein the plurality of planetary abrasion rotors further include puck rotors (items 205; figs. 3 and 7) for contacting and finishing the concrete (pp. [0061]; fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of planetary abrasion rotors, as disclosed in Kelly, to further include puck rotors, as taught in Guinn, in order to frictionally contact the concrete surface being treated with various grits for versatility (Guinn; pp. [0061]).
Further, Kelly does not explicitly disclose the entire structure of the rotor, such as the rotor downwardly, projecting. However, Jeansson (US 2006/0172667) teaches an analogous surface polishing comprising a downwardly projecting rotor (includes items 2, 3; designated in annotated fig. 1 below) with motor to actuate the rotor (pp. [0022]; fig. 1) and the rotor including an intermediate drive plate structure (includes items 5-7, 9; figs. 3-4; corresponding to structure in Kelly).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the rotatable rotor, as disclosed in Kelly, to be downwardly projecting, as taught in Jeansson, in order for the polisher to function as intended and to transfer a torque from the intermediate drive plate to the abrasion rotors (pp. [0013] in Jeansson).
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Jeansson Annotated Fig. 1.
Lastly, with regard to the recitation “self-propelled dedicated polisher,” this recitation has not been given patentable weight because it has been held that a preamble is denied the effect of a limitation where the claim is drawn to a structure and the portion of the claim following the claim is a self-contained description of the structure not depending for completeness upon the introductory clause. 88 USPQ 478. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Please refer to MPEP 2111.02.II. Further, in the instant case, the polisher disclosed in Kelly is self-propelled via handle for user to glide along surface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Blick (US 2014/0323021) discloses a polisher comprising an intermediate drive plate comprising a circular base plate with peripheral ring and a plurality of spokes, and a winged drive collar for reinforcing the base plate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571)272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIDNEY D FULL/Examiner, Art Unit 3723